Willcott v. Freeway Transportation Inc.

Willcott v. Freeway Transportation Inc.

On the balance of probabilities the General Manager racially harassed and discriminated against the complainant (race and national/ethnic origin) by repeated insults, threats and by improperly forcing leave and effecting termination; employer failed to rebut or justify those acts. The complainant was excluded from his driver position because of disability and employer failed to accommodate between April 28, 2015 and February 1, 2016; employer’s later safety‑based concerns about medicinal marijuana use justified temporary exclusion pending medical confirmation. Remedies awarded accordingly.

Citation
2019 CHRT 29
Parties
Complainant: Corey Willcott; Commission: Canadian Human Rights Commission; Respondent: Freeway Transportation Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 August 2019
Procedural Posture
Canadian Human Rights Act Complaint (employment) / Final Decision
Outcome
Complaint allowed in part; monetary awards and orders issued; some claims dismissed
Legal Topics
Discrimination, Harassment, Accommodation, Termination, Reinstatement, Medicinal Marijuana, Racial Harassment, Sexual Harassment
Source Language
English
Human Rights Employment Law Administrative Law Disability Law Occupational Health and Safety Discrimination Harassment Accommodation +5 more

Case Brief

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Parties

Corey Willcott

Complainant

Canadian Human Rights Commission

Commission

Freeway Transportation Inc.

Respondent

Procedural Posture

Canadian Human Rights Act Complaint (employment) / Final Decision

Legal Issues

  1. 1 Whether complainant established prohibited grounds (sex, race, national or ethnic origin, disability)
  2. 2 Whether adverse impacts occurred (termination, harassment, adverse differential treatment)
  3. 3 Causal link between prohibited ground(s) and adverse impacts

Ratio Decidendi

On the balance of probabilities the General Manager racially harassed and discriminated against the complainant (race and national/ethnic origin) by repeated insults, threats and by improperly forcing leave and effecting termination; employer failed to rebut or justify those acts. The complainant was excluded from his driver position because of disability and employer failed to accommodate between April 28, 2015 and February 1, 2016; employer’s later safety‑based concerns about medicinal marijuana use justified temporary exclusion pending medical confirmation. Remedies awarded accordingly.

Court Disposition

Complaint allowed in part; monetary awards and orders issued; some claims dismissed

Orders

  • Pay $206.37 with interest accruing as of June 7, 2013 (compensation for lost wages — forced leave)
  • Pay $206.37 with interest accruing as of October 25, 2013 (compensation for lost wages — forced leave)